Parkway Chevrolet, Inc. v. Melanie D. Martinez and Daniel R. Martinez, II

Opinion

Appeal Dismissed and Memorandum Opinion filed February 28, 2023.

In The

Fourteenth Court of Appeals

NO. 14-22-00785-CV

PARKWAY CHEVROLET, INC., Appellant

V.

MELANIE D. MARTINEZ AND DANIEL R. MARTINEZ, II, Appellees

On Appeal from the 190th District Court Harris County, Texas Trial Court Cause No. 2017-75206

MEMORANDUM OPINION

This is an appeal from a judgment signed July 15, 2022. Appellant filed a timely request for findings of fact and conclusions of law. The notice of appeal was due October 13, 2022. See Tex. R. App. P. 26.1. Appellant, however, filed its notice of appeal on October 24, 2022, a date within 15 days of the due date for the notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time to file the notice of appeal. On February 2, 2023, we ordered appellant to file a proper motion to extend time to file the notice of appeal on or before February 13, 2023. See Tex. R. App. P. 4.1(a), 10.5(b); 26.3. Appellant did not file a motion. We, therefore, dismiss the appeal. See Tex. R. App. P. 42.3.

Panel consists of Justices Bourliot, Hassan, and Poissant.